********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION THREE
Los Angeles Regional Office
11331 183
rd
Street, PMB #365
Cerritos, CA 90703
Field@FCC.gov
(562) 860-7474
February 15, 2018
Town of Ward
Ward, Colorado
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDWR-17-00025894
On January 24, 2018, Agents from the Denver Office (Denver Office) of the Federal
Communications Commission’s (FCC’s or Commission’s) Enforcement Bureau (Bureau)
investigated information regarding an unlicensed FM station operating on the frequency
90.5 MHz. The Agents confirmed by direction finding techniques that radio signals on
frequency 90.5 MHz were emanating from a trailer parked next to the Town Hall located on
Columbia Street in Ward, Colorado. Public records list the Town of Ward as the owner of this
property. The Commission’s records show that no license was issued for a broadcast station on
90.5 MHz at this location in Ward, Colorado.
Radio stations operating on a range of frequencies,
1
including 90.5 MHz, must be licensed by the
FCC pursuant to Section 301 of the Communications Act of 1934, as amended (Act).
2
The only
exception to this licensing requirement is for certain transmitters using or operating at a power
level or mode of operation that complies with the standards established in Part 15 of the
Commission’s rules.
3
Agents measured the field strength of the signal on the frequency
90.5 MHz for the station and found that it exceeded the maximum permitted level of 250 µV/m
at 3 meters for non-licensed devices. Thus, the station was operating in violation of Section 301
of the Act.
4
You are hereby warned that operation of radio transmitting equipment without a valid radio
station authorization, constitutes a violation of the Federal laws cited above and could subject the
operator to severe penalties, including, but not limited to, substantial monetary fines, in rem
1
47 CFR § 73.201.
2
47 U.S.C. § 301.
3
47 CFR §§ 15.1 et seq.
4
47 U.S.C. § 301.
arrest action against the offending radio equipment, and criminal sanctions, including
imprisonment.
5
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY.
You have ten (10) days from the date of this notice to respond with any evidence that you have
authority to operate granted by the Commission. Your response should be sent to the address in
the letterhead and reference the listed case number. Under the Privacy Act of 1974,
6
we are
informing you that the Commission’s staff will use all relevant material information before it to
determine what, if any, enforcement action is required to ensure your compliance with FCC
Rules. This will include any information that you disclose in your reply.
You may contact this office if you have any questions.
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
5
See 47 U.S.C. §§ 401, 501, 503 and 510.
6
5 U.S.C. § 552a(e)(3).